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Opinion 540

Case Name: 

In re Duffin

Judge: 
Judge Mosier
Date: 
Apr-12-2010
Case Number(s): 
09-28879
Status: 

PUBLISHED

Body: 

Under U.C.A. § 78B-5-505(1)(a)(xiii) in the absence of a creditor's levy or execution, proceeds or avails of insurance policies are exempt. Because the Trustee's rights and powers as a hypothetical creditor under § 544 are based on hypothetical events Section 544(a)(2) is inapplicable to U.C.A. § 78B-5-505(1)(a)(xiii). In the absence of express Congressional intent the Trustee's rights and powers as a hypothetical creditor under § 544 may not be used to limit state law exemptions provided for and allowed by Congress in § 522.

Internal Ref: 
Opinion 540
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